Recent Supreme Court's judgement on curtailing immediate arrests in all the crimes that have a conviction of seven years or less has created lots of doubts and fear in feminists. There has been a lot of hue and cry on the judgement that 498A was a law for harassed helpless women in India and Supreme Court with this judgement took the teeth away.

On the other hand if we evaluate the
judgement logically, this judgement has done nothing to the dowry
law. For example, the definition of dowry remains the same, the
punishment, if the man is proved guilty remains the same. There is
absolutely no change in the anti-dowry law. The apex court has just
reiterated that the implementation of CrPC 41 is a must in all the
crimes that have a conviction of seven years or less.

CPI (M) leader Brinda Karat said "It is a regrettable and
retrograde verdict from the Supreme Court which dilutes the present
laws against dowry. The court has no right to change the law from a
cognizable to a non-cognizable offence at a time when there is
rampant prevalence of the practice of dowry demand," reported
Economic Times.

In
Focus

Annie Raja, General Secretary National Federation of Indian Women
in an online debate said, "It is the police department and the
lawyers who ask a female to name the entire family so that it will
create pressure. I mean, how is this statement justified and how does
this mean that women are not abusing the process of law. Even if for
a minute, I agree that police and lawyers are at fault, it the women
who is signing the complaint and petitions, if she is so honest then
why can't she deny framing the entire family. Why at the first
place she walks up to file a false complaint? When would we start
admitting that women are misusing laws and women can commit
violence?"

Moreover, if the police department and Magistrates were performing
their duties as prescribed, and if they were following CrPC 41 as
amended in 2010, Arnesh Kumar would not have had to knock at Supreme
Court's door to get anticipatory bail.

The question is why National Commission for Women (NCW) and the
feminists are against the judgement? Also, why is it that feminists
and NCW wants an accused to be arrested immediately after the
complaint is made? I fail to understand, how this judgement dilutes
the anti-dowry law, and how is the law changed to non-cognizable,
when the apex court has just made sure that the stake of the
Investigation Officer and the Magistrate are increased in "all the
crimes that have a conviction of seven years or less."

They now have defined roles and who so ever is at fault of not
implementing CrPC 41 Provisions would be liable for departmental
enquiry and also contempt of the Court. Also, the Apex Court has not
stopped the arrests; only strict implementation of CrPC 41 provisions
are made sure.

The judgement curtails immediate arrest. Police would religiously
work to collect evidences. And as the judgement says the conviction
rate in dowry related cases is merely 15 per cent, if arrest would
not happen, then the legal extortion in the name of acquiring bail
and the option of legal extortion in the name of settling the matter
amicably would not arise.

So basically, the legal extortion industry which runs under the
threat of arrests would die. This legal extortion industry is about
Rs 500 Cr Extortion in the name of acquiring bail (3 lacs to 5 lacs
to wife), Child visitation (Rs 20,000 to Rs 1 Lac), and in the name
of full and final settlement (Rs 5 Lac to unlimited). This legal
industry is killing men. They are hurting emotionally and
financially. No wonder, 65K+ married men are committing suicides
every year (NCRB Data).

Indeed, this judgement is welcomed by several Men's Rights
Groups and have acclaimed this judgement to be a landmark. They want
498A to be made bailable. Also, there is a severe demand of amending
this draconian law and adding a misuse clause 498B to this law. IPC
Section 498B if introduced will deal with disgruntled wives and women
who used this law as weapons rather than shield.

Adding the misuse clause, will also benefit the women who
genuinely are getting harassed due to the dowry menace as there would
be no false cases and judiciary will be able to deliver justice
timely.

Many men's rights groups of late are
demanding: Men's Welfare Ministry, Misuse Clause in 498A /
introduction of 498B to prosecute the disgruntled wives who make
false complaints to fulfill their mischievous goals. They also demand
strict implementation of child visitation and custody guidelines set
by Mumbai High
court.

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